Islamabad, August 19, 2026: The federal government on Wednesday petitioned the Supreme Court to review and recall its order directing the transfer of incarcerated former prime minister and PTI founder Imran Khan from Adiala Jail to Islamabad’s Shifa International Hospital for medical examination and treatment.
The review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the Chief Commissioner of Islamabad, described the Supreme Court’s August 18 interim order as “discriminatory” and “in excess of jurisdiction”, arguing that it contained errors of law apparent on the face of the record.
The government contended that the court had overlooked Rule 197 of the Pakistan Prison Rules, 1978, which prescribes the procedure for transferring prisoners to hospitals. According to the petition, such transfers generally require government approval through the Inspector General of Police, while jail superintendents may act without prior approval only in emergencies.
The petition argued that directing treatment for a convicted prisoner at a private hospital, particularly when the medical report before the court did not establish a need for immediate treatment, could disrupt the existing criminal justice and prison management framework.
It also invoked Article 25 of the Constitution, which guarantees equality before the law, arguing that granting Imran access to a private hospital of his choice could lead similarly placed prisoners to demand comparable treatment.
“If the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief,” the petition stated.
The government further argued that the August 18 order was issued without notice to certain respondents, including the Islamabad district election commissioner, and therefore violated principles of natural justice and the constitutional guarantee of fair trial and due process under Article 10-A.
The review plea also challenged the court’s decision to grant what the government described as final relief at an interim stage. It maintained that the court had effectively accepted all major requests made in the petitions, including Imran’s transfer to Shifa International Hospital, access to personal physicians, family access during treatment and provision of medical reports to his lawyers.
“There is nothing left to adjudicate upon,” the petition argued, maintaining that such a course was inconsistent with established principles governing interim relief.
The government also questioned the court’s reliance on medical reports, arguing that Imran had been regularly examined and treated by medical boards and that matters requiring specialised medical expertise should be assessed with the assistance of qualified medical professionals.
It maintained that Imran, as a convicted prisoner, was required to be treated in accordance with the law applicable to other prisoners.
Review to be heard by same bench
The petition has yet to be fixed for hearing. Under Order IV, Rule 28 of the Supreme Court Rules, as amended in 2025, a review application is to be heard by the same bench that passed the order.
The review would therefore be placed before the three-member bench headed by Justice Shahid Waheed and comprising Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim.
The rules provide that if the author judge recuses himself or resigns, the review may be heard by a bench comprising one or more judges from the original bench.
Ministers defend government position
The review petition came after Information Minister Attaullah Tarar and Minister of State for Interior Tallal Chaudhry reiterated the government’s intention to challenge aspects of the Supreme Court’s order.
Tarar said medical treatment was a right of every prisoner but questioned whether similar facilities could be provided to all inmates if Imran was allowed treatment at a private hospital.
He urged that health matters should remain separate from politics and said the government had sought to avoid politicising Imran’s medical condition.
Chaudhry said the government would continue to deal with PTI demands in accordance with the jail manual and court orders. He also urged the PTI not to turn Imran’s health into a political issue.
What the Supreme Court ordered
In its August 18 interim order, the Supreme Court directed the government to transfer Imran to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board.
The court also permitted Imran’s personal physician and sister to remain associated with his medical care and ordered authorities to facilitate weekly meetings with his family and twice-weekly telephone conversations with his sons.
The government was directed to submit Imran’s complete medical record from the date of his arrest, including tests, reports, prescriptions, medical opinions and treatment details.
The court also sought details of his meetings with family members and lawyers over the preceding three months, as well as information concerning the cases in which he had been accused, arrested, tried or convicted.
The court barred Imran’s family, PTI members and lawyers from publicly disclosing his medical condition or reports until the next hearing, scheduled for September 16. It also directed that his health information should not be used for political purposes and ordered the PTI and his family to prevent gatherings at the hospital.
Medical reports cited before Supreme Court
The order followed a medical report submitted by the superintendent of Adiala Jail, which stated that Imran was receiving regular healthcare, with medical officers visiting him three times a day to monitor his vital signs and other health indicators.
An annexure to the report said a PIMS doctor examined Imran on August 1 after he complained of fluctuating blood pressure, palpitations, headaches and restlessness. The doctor recommended measures to reduce mental stress, more frequent family interaction, access to reading material, a CT coronary angiography and an adjustment in blood pressure medication.
A medical board comprising PIMS specialists examined Imran on August 10 after further complaints of head heaviness and palpitations. The board recommended a daily one-hour walk, relaxation in his prison routine and access to newspapers, magazines, television and books. It also suggested more frequent interaction with his immediate family or spouse to help manage anxiety and blood pressure.
Imran’s health has remained a major point of contention between the government and PTI, particularly since his eye condition, right central retinal vein occlusion, emerged earlier this year.
The PTI and his family have repeatedly expressed concern over his health and demanded access to independent medical assessment, while government and jail authorities have maintained that he is receiving appropriate treatment.
According to the jail authorities’ report, Imran’s vision had almost returned to normal following treatment by senior ophthalmologists.
The government’s review petition is now awaiting fixation before the Supreme Court.
